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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38223
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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My dad died back in the year 2000, he did not have a will.

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My dad died back in the year 2000, he did not have a will. I ended up living in his house an still is. My two others brothers already had their own and just divided vehicles and other personal items. I have been paying all taxes on land and etc since then. Now that I want to get something else built, my brothers are giving me hassle. What are my rights or do I have any? I live in the state of MS if that matters.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If the house is still in father's name and never went through probate, then it would still legally belong to his estate. With that said, if you have been living there for over ten years, you could file a "quiet title" lawsuit against brothers to claim the property by adverse possession. In Mississippi the period of time for adverse possession must be at least ten (10) years under Mississippi Code §15-1-7, 13. What this means is that a trespasser, which is legally what you would be, can actually acquire legal possession of property just by living there for 10 years.
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You would need to get a local real estate attorney involved to assist with filing the quiet title suit and could end up with full ownership of the property as long as you can prove you have lived there for at least 10 years.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Customer: replied 4 years ago.

You said by filing that suit I could get full ownership right?? Is that the best way to work it out?

Correct, if a trespasser openly uses and maintains another person's property for 10 years, then they can legally claim it through a quiet title lawsuit against the true owner. So actually you would be filing against father's estate and brothers as the heirs in order to pursue this.
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The easier way would be to get brother's to sign quitclaim deeds over to you giving or selling their interests in the house to you. Then you could probate father's estate and have the house transferred to you solely.
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But until someone settles father's estate, nothing could legally be done with the property because it is still in his name. So you or brothers couldn't sell it or take loans out on it until it was in our names.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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